Yana and Atalig in jail for nine months now

Lawyers Reynaldo O. Yana and Antonio M. Atalig have been in jail for nine months now since Superior Court associate judge Kenneth Govendo ordered their incarceration for contempt of court in March.

Yana and Atalig spent Christmas Day at the Department of Corrections in Susupe and may also spend their New Year’s Day in jail.

Govendo set the hearing for Jan. 5, 2009, at 9am for the court to hear the results of the two lawyers’ efforts toward satisfying court orders that direct them to return more than a million dollars in attorney’s fees to the Angel Malite estate.

The judge directed Yana and Atalig to deliver all materials they plan to present at the Jan. 5 hearing to the law offices of F. Matthew Smith, Stephen Nutting, and Victorino Torres no later than Jan. 2, 2009.

Smith, Nutting, and Torres represent the heir claimants in the Malite estate.

Yana and Atalig have been incarcerated since March 2005 after Govendo found them in contempt of court in connection with the Malite probate. The judge also suspended the two lawyers from practicing law in the Superior Court.

Govendo ordered their imprisonment until they return attorneys’ fees in the amount of $1.14 million for the civil case and $150,000 for the first distribution in the probate case—a total amount of $1,288,500.

Since that order, the judge said, neither attorney has returned the fees in full or in part.

Last Aug. 15, Govendo allowed Yana and Atalig to leave the Corrections building for a few days each week to prepare a detailed account of their work with the Malite probate.

On Oct. 31, Superior Court associate judge David A. Wiseman suspended Yana from practicing law for 30 days for improper conduct after he brought adoption cases to Rota to have another judge handle the cases.

Wiseman also required Yana to take a course within six months on Model Rules of Professional Conduct or the Professional Ethics required of attorneys engaged in the practice of law.

Prior to Wiseman’s order, the CNMI Supreme Court vacated Govendo’s ruling that suspended Yana and Atalig from practicing law. The justices said the trial court did not follow the rules and procedures governing attorney discipline.

On Nov. 17, 2008, Govendo allowed the two lawyers to wear their civilian clothes while in custody at DOC and when appearing in court.

During the Dec. 5 review hearing, Yana and Atalig informed Govendo that they have not been receiving any of the court’s orders while they were in custody.

The two lawyers said they also have not been allowed to wear their civilian clothes at DOC despite the court’s order.

At the Dec. 5 hearing, Govendo ordered both attorneys to remain imprisoned until they return the $1.3 million.

Atalig and Yana shall be released from custody every Monday at 8am so that they may work toward satisfying the court orders, Govendo said.

The two lawyers, he said, are required to go back to Corrections every Wednesday at 8am.

Govendo said the two lawyers are allowed to wear civilian clothes while in custody and when appearing before the court.